A. The county’s special officers have the authority to enforce the provisions of this title relating to the safety and health of animals and the public safety of the communities. Pursuant to such authority the officers designated having authority may:
1. Issue citations, tickets, summons, and any other legal notices;
2. Investigate suspected or alleged violations thereof;
3. Perform such other duties reasonably necessary to the above or as the county may provide.
B. Resisting Authorized Personnel Unlawful: No person shall oppose, resist, or interfere with any special officer engaged in the performance of any duties related to the interference of this title.
C. False Reporting: It is unlawful for any person to deliberately report to any Lincoln County special officer which causes any officer to conduct an investigation knowing such report to be false.
D. Special Officer:
1. The Lincoln County Special Officer is empowered to investigate grievances concerning animals in Lincoln County. Prior to conducting an on the scene investigation based on telephone grievances, the officer may ascertain what attempts have been made by the complaining party or others to bring the problem to a satisfactory resolution. Attempts by a citizen to resolve an issue and the emergency nature of the situation should be considered by the special officer in determining whether or not immediate on-scene-investigation or action is necessary.
2. The powers and duties of the Lincoln County Special Officer shall be as follows:
a. To keep an accurate record of all animals impounded and to record all reports received involving the animals, including dog bites and injured or sick animals, and provide a quarterly report to the county commissioners;
b. To impound animals which are in violation of this chapter, or for the safekeeping of the animal to protect the health and welfare;
c. To remove and dispose of the carcass of any animal found on any public highway, street, alley, or other public place;
d. To act under the authorization of the health officer for the quarantine of potentially diseased animals dangerous to public health;
e. To propose to the County Commissioners rules and regulations necessary to carry out the requirements of this chapter;
f. To destroy and dispose of animals after due notice to the owner and pursuant to the procedures set forth in this chapter;
g. To put up for adoption, when appropriate, impounded animals, after due notice to the owner;
h. To enforce all provisions of this chapter.
3. It shall be the duty of the Sheriff and Sheriff’s Deputies in the county while on duty, to assist in carrying out the provisions of this chapter.
4. The Lincoln County Special Officers are empowered to prepare, sign, and serve written citations on persons accused of violating the Lincoln County Animal Ordinance.
E. Health Officer: The health officer is empowered to enter upon any private property, with the consent of the owner, or with a search warrant, for the purpose of ascertaining whether nay dog or other animal kept or harbored is infected with rabies or other disease potentially dangerous to public health. The health officer may quarantine any animal for the protection of public health.
F. Interference with Special Officers or Health Officers: It is unlawful for any person in any manner to:
1. Interfere or attempt to interfere with any special officer in the performance of any duty imposed by the provisions of this chapter;
2. Unlawfully take or attempt to take any animal seized pursuant to the provisions of this chapter form the custody of a special officer or health officer;
3. Remove or attempt to remove any animal impounded or quarantined without having first reclaimed the same pursuant to the provisions of this chapter or without first obtaining permission from the special officer or health officer.
G. Violation of this Title Misdemeanor: Unless otherwise provided herein, any person violating any of the provisions of this chapter is guilty of a misdemeanor and, shall upon conviction of any violation, be punished by a fine not to exceed on thousand dollars ($1,000.00) or by imprisonment in the county jail for a term not to exceed six (6) months or by both such fine and imprisonment. (Ord. 2020-04, 12-21-2020)